High CourtsSingle Bench

Makunda @ Maku Karigara vs State Of Odisha

Orissa High Court · Decided on 13 June 2023 · Citation: (2023) 06 OHC CK 0055

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 394
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 6196 Of 2023
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Judgment

9 paragraphs · 250 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 6th May, 2023 in connection with Talcher P.S. Case No.278/2023 corresponding to G.R. Case No.528/2023 pending in the court of learned S.D.J.M., Talcher for the alleged commission of the offence under Section 394 of I.P.C.

4.

It is alleged that when a Truck loaded with charcoal was stationary on the road, its tires having been punctured, three persons came in a motor cycle and snatched away cash of Rs.5,000/- and mobile phone of the driver. It is submitted that the Petitioner has been implicated only on suspicion and nothing was recovered from his possession. The stolen cash and mobile phone were recovered from the possession of the co-accused person.

5.

Taking into consideration all the above facts, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail in the aforesaid case on such terms and conditions as the court in seisin over the matter may deem fit and proper including the condition that he shall appear personally before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the Court to take him to custody again.

6.

The BLAPL is disposed of.

7.

Urgent certified copy of this order be granted on proper application.

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